Legal Opinion · Dissent

In re Marriage of Musser

Appellate Court of Illinois

Decided November 7, 1980No. 16215Published

1DissentJustice Trapp

This record discloses that the division of marital property provided in the decree of dissolution dated May 1,1978, simply embraced a division agreed upon by the parties. The husband’s counsel read and the wife’s counsel agreed that that decree incorporated the language:

"* * * it is further ordered that the parties having chosen to divide all marital property between themselves prior to the presentation of this case, it is cause [sic] to the court there is no marital property to be divided.”

Thus, the trial court was not called upon to hear evidence and divide the marital property within the…

2Cases cited3 opinions

  1. In Re Marriage of MusserAppellate Court of Illinois · 1979
  2. In Re Marriage of HerronAppellate Court of Illinois · 1979
  3. Fulwider v. FulwiderAppellate Court of Illinois · 1972

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